DESH RAJ KHURANA AND OTHERS Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The learned Additional Solicitor General and learned counsel for the petitioners visited the area in Jahangirpuri where the Transit Camp is located and both are agreed that for the present it is not possible to contemplate the operation of the Transit Camp as a shelter for these migrants. The learned Additional Solicitor General says further that the Transit Camp may be in a position to accommodate these migrants within a week. It is necessary to ensure that the Transit Camp is in proper condition to house the migrants before they are required to shift from the flats in Jahangirpuri presently occupied by them. For that purpose, we appoint Shri A.N. Oberoi, Registrar of this Court as Commissioner who will, upon intimation by the Delhi Administration that the Transit Camp is ready for use, go to the area after notice to the Delhi Administration and learned counsel for the petitioners, and ascertain for himself whether having regard to the basic amenities necessary for occupation by the migrants the Transit Camp is fit for occupation. In the event of his certifying so and informing the Delhi Administration accordingly as well as learned counsel for the petitioners, the petitioners will vacate the flats presently occupied by them and shift to the Transit Camp. They will do so peacefully and without resistance whatsoever. In case any resistance is offered by them, it will be open to the Delhi Administration to evict them forcibly.

(2.) Our attention has also been drawn to the need of migrants who have left the Piragarhi Relief Camp and have occupied the Delhi Development Authority flats in Jahangirpuri in the same manner as the migrants from the Transit Camp. The Commissioner will proceed to the Piragarhi Relief Camp after notice to the Delhi Administration and learned counsel for the petitioners and determine likewise whether the accommodation vacated by those persons has been restored to its original condition and is fit for occupation by those persons. He will similarly inform the Delhi Administration and learned counsel for the petitioners of the view taken by him in the matter.

(3.) We further direct the Delhi Administration to make payment as it has done hitherto fore to the migrants from the Transit Camp as well as those from the Piragarhi Relief Camp who have occupied the flats. with effect from the date on which they were compelled to vacate the respective camps and take possession of those flats. Those payments will be continued as before.